• Murderer-friendly Governor to Speak at Dem. Convention

    Updated: 2012-08-31 22:02:20
    . HOME Main Murderer-friendly Governor to Speak at Dem . Convention August 31, 2012 3:02 PM Posted by Kent Scheidegger 0 Comments One of the most effective speakers at the just-concluded Republican National Convention was former Congressman Artur Davis formerly D Ala His previous convention speech was in 2008, when he nominated Barack Obama for the presidency . nbsp This year , he asked forgiveness for his error and wowed the audience . nbsp Nothing like that convert . zeal So do the Democrats have a convert for their convention Yes , they do , and stunningly it is Governor Lincoln Chafee nominally I RI Ted Nesi has this story for . WPRI Governor Chafee is presently involved in litigation with the Obama Administration , in which Chafee is trying to help murderer Jason Pleau get off with

  • SCOTUS Takes Burglary-Prior ACCA Case

    Updated: 2012-08-31 16:31:28
    HOME Main Murderer-friendly Governor to Speak at Dem . Convention SCOTUS Takes Burglary-Prior ACCA Case August 31, 2012 9:31 AM Posted by Kent Scheidegger 0 Comments The US Supreme Court has once again granted certiorari in a couple of cases in a midsummer orders list a departure from usual practice . The criminal case taken up is Descamps v . United States No . 11-9540 The Ninth Circuit's unpublished opinion in the case is here The case has to do with sentence enhancements for prior convictions , in this case a California commercial . burglary The Ninth Circuit opinion rejected two arguments . nbsp One was an Apprendi based argument that priors such as this one must be found by the jury . nbsp The Supreme Court rejected that argument in Almendarez-Torres v . United States 523 U.S . 224

  • Canada’s Newest Law Student – Helena Guergis

    Updated: 2012-08-31 14:57:54
    If you are starting law school this fall at the University of Alberta, you’ll have a celebrity of sorts in your class. Helena Guergis, the former MP who unsuccessfully sued Prime Minister Harper and the Conservative Party of Canada, is starting law school this year according to the Toronto Star, Her first year of legal [...]

  • Burying the Courts in Paper

    Updated: 2012-08-30 23:28:42
    HOME Main SCOTUS Takes Burglary-Prior ACCA Case Burying the Courts in Paper August 30, 2012 4:28 PM Posted by Kent Scheidegger 2 Comments Part of the strategy against the death penalty is to bury the courts in reams of paper containing every conceivable claim , most of which are bull manure . nbsp Today the Justices of the California Supreme Court said unanimously that they are mad as hell and not going to take it any more . nbsp Well , not exactly in those words , but close . nbsp I t is the considered opinion of the court that we face an emergency situation in which the time and effort required to read and evaluate wholly meritless and abusive exhaustion petitions threatens to undermine the proper functioning of this court . In re Reno S124660. Wait , don't the ABA Guidelines require

  • News Scan

    Updated: 2012-08-30 21:20:50
    HOME Main Burying the Courts in Paper News Scan August 30, 2012 2:20 PM Posted by CJLF Staff 0 Comments Fresno's Overcrowded Jail to Open Another Floor : Kurtis Alexander of the Fresno Bee reports Fresno County Jail will open another floor of the jail as a result of jail overcrowding Saturday . The floor will add another 423 beds for inmates , reducing the number of early releases in response to the rise in Fresno's crime rates . County officials will also begin electronically monitoring all pretrial inmates next week . The remaining closed floor of the jail is expected to open as soon as December , funding . permitting TX Voter ID Law Rejected : CBS News and the Associated Press headline report that in the case of Texas v . Holder a three-judge federal court panel struck down the Texas

  • Crime, Punishment, and Chimpanzees

    Updated: 2012-08-30 16:43:41
    , , HOME Main News Scan Crime , Punishment , and Chimpanzees August 30, 2012 9:43 AM Posted by Kent Scheidegger 1 Comment Humans value justice for its own sake . nbsp There is a lot of research showing that people will punish wrongdoers even when they get no personal benefit from doing so , and up to a point even when it costs them to do so . nbsp In this and other aspects of social life , humans are unique among primates . nbsp New research with chimps confirms this . nbsp Monte Morin reports in the LA : Times Despite being one of the closest living relatives to humans , chimps lack the urge to punish thieves who are caught red-handed , unless they themselves are the victims , according to a study published Tuesday in the Proceedings of the National Academy of . Sciences In a series of

  • Brockton Massachusetts Man Charged in Dorchester With Armed Assault With Intent to Murder

    Updated: 2012-08-30 16:08:59
    Massachusetts Criminal Defense Attorney Blog Published by Boston , Massachusetts Criminal Defense , Attorney Stephen Neyman , . P.C Home Firm Website Practice Areas Contact Us Previous Home Brockton Massachusetts Man Charged in Dorchester With Armed Assault With Intent to Murder August 30, 2012 Posted In : Drug Crimes Violent Crimes By Stephen Neyman , . P.C on August 30, 2012 10:08 AM Permalink Boston police were in the South End investigating a case the other day . While doing so they saw someone get out of his car and start shooting . This occurred on Shawmut Avenue just around 9:30 two days ago . Officers chased the man and saw him get rid of his gun . They caught up to him just a few blocks away . The suspect was identified as Kevin Washington from Brockton , Massachusetts Washington

  • News Scan

    Updated: 2012-08-29 21:05:48
    HOME Main Crime , Punishment , and Chimpanzees News Scan August 29, 2012 2:05 PM Posted by CJLF Staff 0 Comments Mumbai Attacker's Death Sentence Upheld : Pratap Patnaik of Bloomberg News reports a two-judge India Supreme Court panel upheld the death penalty for gunman Mohammed Ajmal Kasab . In the 2008 Mumbai terrorist attacks on India's financial capital , 166 people were killed by attackers armed with assault rifles and grenades during an assault lasting over 60 hours . Kasab was the only attacker caught alive . Kasab can seek a top court review of the case or appeal for presidential . clemency NY Child Killer Sentenced 40 Years to Life : Colleen Long of the Huffington Post headlines Levi Aron was sentenced to 40 years to life Wednesday . Aron had pleaded guilty to kidnapping , killing

  • Alleged Nebraska Lesbian Hate Crime Victim May Have Been Lying About Her Attack

    Updated: 2012-08-29 19:52:16
    Rogers is a lesbian and a former University of Nebraska women’s basketball star who made headlines recently after she crawled to a neighbor’s house in July looking like a severely beaten hate crime victim.

  • A Ninth Circuit Post-Pinholster Case

    Updated: 2012-08-28 21:32:00
    HOME Main News Scan A Ninth Circuit Post-Pinholster Case August 28, 2012 2:32 PM Posted by Kent Scheidegger 1 Comment In 1988, 12-year-old Cassie Holden was murdered by Jonathan Gentry . nbsp Gentry was sentenced to death . nbsp Trial and two rounds of state court review were completed in 1999. Then the case took 10 years in federal district court on habeas corpus , about as long as the state trial , direct appeal , and collateral review put together . nbsp This was followed by three years on . appeal The Ninth Circuit decided the appeal today in Gentry v . Sinclair No . 09-99021. The most interesting part of the opinion is the application of Cullen v . Pinholster That is the case where the Supreme Court finally clarified what should have been clear since AEDPA was enacted 15 years earlier

  • News Scan

    Updated: 2012-08-28 21:25:14
    HOME Main A Ninth Circuit Post-Pinholster Case News Scan August 28, 2012 2:25 PM Posted by CJLF Staff 0 Comments Death Penalty for Killer of Fellow Prisoner : Justin Lewis of KATV reports that Charles Moorman received a death sentence in Arkansas Monday . Moorman was convicted of stabbing a fellow inmate to death in the prison laundry room in 2010. Moorman was serving five consecutive life sentences without parole for five previous murders he admitted to . Prosecuting attorney Kyle Hunter said considering Moorman's criminal past and the current incident , the death penalty was . appropriate CA Death Row Inmate Suicide Under Investigation : Mary Slosson of the Chicago Tribune reports San Quentin death row inmate Kenneth Friedman died in an apparent suicide Sunday . CDCR Spokesman Sam

  • Dope

    Updated: 2012-08-28 16:58:15
    HOME Main News Scan Dope August 28, 2012 9:58 AM Posted by Kent Scheidegger 0 Comments Associated Press reports Teens who routinely smoke marijuana risk a long-term drop in their IQ , a new study . suggests The researchers didn't find the same IQ dip for people who became frequent users of pot after 18. Although experts said the new findings are not definitive , they do fit in with earlier signs that the drug is especially harmful to the developing . brain Parents should understand that their adolescents are particularly vulnerable , said lead researcher Madeline Meier of Duke . University Study participants from New Zealand were tested for IQ at age 13, likely before any significant marijuana use , and again at age 38. The mental decline between those two ages was seen only in those who

  • Our Friend Ted Cruz Speaks Tonight

    Updated: 2012-08-28 16:41:46
    Kent and I noted the recent victory of former Texas Solicitor General Ted Cruz in the runoff to be the Republican candidate for the Senate from the Lone Star state.  ed is a serious thinker  -  elatively rare for a politician  -  nd a friend of those who are serious about holding criminals accountable.  hose who have not heard him before will have the chance when he addresses the Republican National Convention onight at approximately 9:30 EDT.

  • Public Sociology You Can Believe In!

    Updated: 2012-08-28 02:30:17
    You know sociology has achieved something when the president of the ASA gets “quoted” in The Onion: ““What’s fascinating is that these things, which will be spoken against all sense of contemporary decency and rational judgment, will not be the rantings of degenerates or imbeciles,” said Erik Olin Wright, president of the American Sociological Association. [...]

  • A Pregnant Man’s Divorce May Establish the Future of Family Law

    Updated: 2012-08-27 23:32:50
    If Thomas Beatie is considered a woman, the marriage will be invalid, as same-sex marriage is not legal in Arizona.

  • Social Impact Bonds

    Updated: 2012-08-27 22:24:05
    HOME Main Our Friend Ted Cruz Speaks Tonight Social Impact Bonds August 27, 2012 3:24 PM Posted by Kent Scheidegger 0 Comments Now here is an interesting idea . nbsp The Big Apple government has this press release Mayor Michael R . Bloomberg , Deputy Mayor for Health and Human Services Linda I . Gibbs and Correction Commissioner Dora B . Schriro today announced that the City will award a contract for the nation's first Social Impact Bond , an innovative way to fund promising new programs at no cost to taxpayers . nbsp As part of the Young Men's Initiative , this investment will support a new evidence-based program for young adults on Rikers Island . The program the Adolescent Behavioral Learning Experience ABLE focuses on personal responsibility education , training and counseling , with

  • Massachusetts Supreme Judicial Court Reverses Murder Conviction Holding That Certain Evidence, Mostly Statements of the Defendant and Co-Defendant Was Improperly Admitted

    Updated: 2012-08-27 22:20:08
    , Massachusetts Criminal Defense Attorney Blog Published by Boston , Massachusetts Criminal Defense , Attorney Stephen Neyman , . P.C Home Firm Website Practice Areas Contact Us Previous Home Next Massachusetts Supreme Judicial Court Reverses Murder Conviction Holding That Certain Evidence , Mostly Statements of the Defendant and Co-Defendant Was Improperly Admitted August 27, 2012 Posted In : Drug Crimes Violent Crimes By Stephen Neyman , . P.C on August 27, 2012 4:20 PM Permalink Earlier today the Massachusetts Supreme Judicial Court reversed a first degree murder conviction in the case of Commonwealth v . Santos Santos had been convicted on a felony murder theory . The Court found the following : facts On July 26, 2005 shortly after 5:30 in the evening the victim was robbed and shot in

  • The Crank Defense and the Fifth Amendment

    Updated: 2012-08-27 20:45:20
    HOME Main Social Impact Bonds The Crank Defense and the Fifth Amendment August 27, 2012 1:45 PM Posted by Kent Scheidegger 6 Comments As bad as insanity defenses usually are , the too drunk to form intent excuse belongs in a lower pit of judicial hell . nbsp For noncapital cases , at least , some states have abolished this defense altogether , and one such statute was upheld with a little help from yours truly in Montana v . Egelhoff 518 U.S . 37 1996 Experts who testify for this defense seem to misunderstand how rudimentary the mental states of intent and premeditation really are . nbsp Some of them seem to think these are very high cognitive levels , such that only philosophers can commit first-degree murder . nbsp If a squirrel buries a nut , he does it on purpose and not by accident .

  • Testing for Racial Profiling With the Veil-of-Darkness Method

    Updated: 2012-08-27 17:30:48
    HOME Main The Crank Defense and the Fifth Amendment Testing for Racial Profiling With the Veil-of-Darkness Method August 27, 2012 10:30 AM Posted by Kent Scheidegger 1 Comment Police in many cities are accused of racial discrimination in making traffic stops . nbsp The issue is a difficult one to study empirically . nbsp The simplistic comparison of stop rates with population is obviously wrong , because we know that violation rates are not uniform . nbsp The obvious wrongness does not stop professional offense-takers from making the comparison , of . course The title of this post is the title of an article in Police Quarterly . nbsp The researchers compared stop rates in daytime with those at night , when it is more difficult for an officer to see the race of the driver before making the

  • News Scan

    Updated: 2012-08-27 17:25:24
    HOME Main Testing for Racial Profiling With the Veil-of-Darkness Method News Scan August 27, 2012 10:25 AM Posted by CJLF Staff 0 Comments Riverside Jail Releases To Reach All-Time : High Kate McGunty of iSun Investigative Blog reports Riverside County has released a record-setting 4,000 inmates from jail early under realignment . The current record-high is 6,001 released in 2007. Riverside is on schedule to beat that record this year . The U.S . Ninth Circuit Court of Appeals had imposed an Aug . 17 deadline to reduce state prison overcrowding . As a result , jails are now facing overcrowding . The Fresno County jail has seen a 30 jail population increase , and is now facing a class-action lawsuit as a result for poor medical care . Realignment to Reduce Inmate Firefighters : Kerana

  • Delta Airlines And The TSA Have A Zero Tolerance Policy Against Joke T-Shirts

    Updated: 2012-08-24 20:35:27
    Another win for Delta and the TSA; they’ve kept the country safe from another joke t-shirt. Maybe next week they’ll take out a party hat distribution ring.

  • Haverhill Massachusetts Man Charged With Carrying a Firearm, Assault and Battery Arrested, Charged With Crimes in Lawrence and Haverhill

    Updated: 2012-08-22 21:32:26
    , , Massachusetts Criminal Defense Attorney Blog Published by Boston , Massachusetts Criminal Defense , Attorney Stephen Neyman , . P.C Home Firm Website Practice Areas Contact Us Previous Home Next Haverhill Massachusetts Man Charged With Carrying a Firearm , Assault and Battery Arrested , Charged With Crimes in Lawrence and Haverhill August 22, 2012 Posted In : Violent Crimes By Stephen Neyman , . P.C on August 22, 2012 3:32 PM Permalink Haverhill , Massachusetts Jose Reyes was sought pursuant to a warrant for Carrying a Firearm Possession of a Firearm Possession of Ammunition and Armed Assault with the Intent to Murder All of these charges against the twenty one year old are pending in the Lawrence , Massachusetts District Court There is also an Assault and Battery by Means of a

  • Much Ado About Prosecutorial Misconduct: Queens District Attorney Edition

    Updated: 2012-08-22 18:17:14
    The bigger issue is figuring out a way to stop misconduct like the kind prosecutors are accused of doing in this case.

  • Music Break – Muse

    Updated: 2012-08-21 20:30:24
    With a single from their upcoming new album. “Madness” does not sound like a Muse song at all, so, I am reserving judgement until I get to listen to the whole album:

  • Arresting Superheroes: It’s Surprisingly Easy

    Updated: 2012-08-17 21:58:04
    Argintar was reportedly asking people outside of Home Depot if they needed any help. Why he chose Home Depot of all places to begin his romp into vigilantism is unclear.

  • Framingham Massachusetts Police Arrest Three for Cocaine Trafficking After Search of Car Yields Over 500 Grams of Cocaine

    Updated: 2012-08-16 01:31:42
    Massachusetts Criminal Defense Attorney Blog Published by Boston , Massachusetts Criminal Defense , Attorney Stephen Neyman , . P.C Home Firm Website Practice Areas Contact Us Previous Home Next Framingham Massachusetts Police Arrest Three for Cocaine Trafficking After Search of Car Yields Over 500 Grams of Cocaine August 15, 2012 Posted In : Drug Crimes By Stephen Neyman , . P.C on August 15, 2012 7:31 PM Permalink This past Monday night Framingham , Massachusetts police were on patrol on Waverly Street when they noticed a Honda with extremely dark tinted windows . This observation prompted the officers to pull the car over and contact its occupants , Christian Joel Mercado Vega , Fe Sanchez and Wilfredo Ortiz . All of the defendants currently live in Framingham . Officers report that

  • Wareham Massachusetts Man Caught With 530 Bags of Heroin Now Facing Heroin Trafficking Charges

    Updated: 2012-08-14 22:20:29
    Massachusetts Criminal Defense Attorney Blog Published by Boston , Massachusetts Criminal Defense , Attorney Stephen Neyman , . P.C Home Firm Website Practice Areas Contact Us Previous Home Next Wareham Massachusetts Man Caught With 530 Bags of Heroin Now Facing Heroin Trafficking Charges August 14, 2012 Posted In : Drug Crimes By Stephen Neyman , . P.C on August 14, 2012 4:20 PM Permalink Just hours ago the Wareham Week reported that Jonathan Rose , a twenty year old Bourne , Massachusetts resident was arrested and charged with Trafficking Heroin and Conspiracy . According to the report , shortly after ten o'clock at night officers patrolling Route 195 saw the car being operated by Rose committing numerous Massachusetts Motor Vehicle Violations . Officers said that the car was going

  • Norwood Massachusetts Police Use Facebook to Publish Arrests for Possession With Intent to Distribute Heroin, Heroin Possession, Related Massachusetts Drug Charges

    Updated: 2012-08-13 23:16:17
    , , Massachusetts Criminal Defense Attorney Blog Published by Boston , Massachusetts Criminal Defense , Attorney Stephen Neyman , . P.C Home Firm Website Practice Areas Contact Us Previous Home Next Norwood Massachusetts Police Use Facebook to Publish Arrests for Possession With Intent to Distribute Heroin , Heroin Possession , Related Massachusetts Drug Charges August 13, 2012 Posted In : Drug Crimes By Stephen Neyman , . P.C on August 13, 2012 5:16 PM Permalink The Norwood , Massachusetts police have a Facebook page . It is young , having been launched in late June of this year . Yet already some of its major stories including arrests for Massachusetts Criminal Charges are being posted to the page and hitting other media outlets in the area . Its Friday post references a fairly large

  • Breaking Up Is Hard To Do, But Bat And Pipe Beatings Are Never The Answer

    Updated: 2012-08-13 19:25:09
    Theoretically, in Tocci’s case, if she and her current boyfriend made a plan to attack her ex before she lured him to the yard, she and Chaupiz could both be charged with conspiracy.

  • Law School Drop Out Pens Best Rejection Response – Ever

    Updated: 2012-08-10 21:15:44
    When the San Diego Padres sent law school dropout Taylor Grey Meyer a rejection letter, after she applied to the team over 30 times, here’s what she had to say:   On Sun, Aug 5, 2012 at 11:56 AM, Taylor Grey Meyer <[Redacted]@gmail.com> wrote Hi [Redacted], I wanted to thank you for reaching out to me [...]

  • Chick-Fil-A: Where Equal Protection Ends and Free Speech Begins

    Updated: 2012-08-10 19:06:26
    Although Chick-Fil-A and its associates make offending remarks about homosexuals, they have every right to make such remarks. The First Amendment prohibits restrictions on the exercise of religion and free speech. Moreover, the Constitution is law on government; the mayors of major cities, as public officials, are expressly prohibited from making such laws. CFA, as a private enterprise though, suffers from no such restrictions and can make all the vulgar comments they want.

  • Dean Spade: For Those Considering Law School

    Updated: 2012-08-10 17:11:54
    Dean Spade of Seattle University School of Law gets lots of inquiries from people considering law school.  Here are some points that he emphasizes they may have overlooked: Most legal work maintains systems of maldistribution, it does not transform them. Lots of legal work that needs to be done to help poor people can be done without a [...]

  • The Visual Du Jour – Getting Rid of TOC

    Updated: 2012-08-09 09:05:27
    In more ways than one, but in this case, it is organized crime. The UNODC has put out some new materials and videos on organized crime as part of a larger campaign against criminal organizations (no, not the banks!): And one nifty chart on counterfeit goods:

  • Methuen Massachusetts Police Officer Charged With Assault and Battery, Felony Malicious Destruction to Property After Salisbury Barroom Fight

    Updated: 2012-08-07 23:05:18
    , Massachusetts Criminal Defense Attorney Blog Published by Boston , Massachusetts Criminal Defense , Attorney Stephen Neyman , . P.C Home Firm Website Practice Areas Contact Us Previous Home Next Methuen Massachusetts Police Officer Charged With Assault and Battery , Felony Malicious Destruction to Property After Salisbury Barroom Fight August 7, 2012 Posted In : Violent Crimes By Stephen Neyman , . P.C on August 7, 2012 5:05 PM Permalink This past weekend a fight erupted at the Surfside 5, a bar in Salisbury , Massachusetts . According to a report in the Lawrence Eagle Tribune a Methuen , Massachusetts police officer , Shawn Tardif and his wife were at the bar with friends . Also at the bar was a group of women celebrating a woman's pending engagement . Interaction between the groups

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